(영문) 광주지방법원 2014.06.12 2014고단847

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(영문) 광주지방법원 2014.06.12 2014고단847

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 19, 2014, the Defendant is a person who is engaged in driving a BF II car. On February 19, 2014, the Defendant driven the said car at around 06:40, and led to a three-lane road in front of the South Korean Hospital, which is located on the 226-lane, Seo-gu, Seo-gu, Seo-gu, Gwangju, to drive a three-lane road at the speed of about 65 km from the edge of the Korean Hospital.

At the time, he was unable to flick around the back, and the defendant had already seen the appearance of a person on the right side of the forward direction, so the defendant had a duty of care to reduce the speed and to safely drive the front side and the right and the right.

Nevertheless, the defendant neglected this and proceeded without reducing speed, caused the death of the body part of the victim C (n, 58 years old) who crossed the above road from the right side of the defendant's front side to the left side of the road to the left side of the driver's upper side of the above vehicle, and caused the victim's shock to the right side of the front-hand part of the above vehicle at the E Hospital emergency room located in Gwangju-gu, Seo-gu, Gwangju, around 06:54 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police officer on F;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes on site of accident and body pictures;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The traffic accident of this case for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is the fact that the defendant's negligence is less than the defendant's negligence, since it is hard to say that the traffic accident of this case is the defendant's negligence, since the defendant's failure to operate the brakes even though the defendant discovered the victim who was in the three lanes, and about to go through the first lane without permission, and it was shock

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